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    Question

    If the Board on examination of record of any proceedings

    is satisfied that the order passed by the adjudicating officer is erroneous to the extent it is not in the interests of the securities market, what can the Board do?
    A Board may order the adjudicating officer to do the inspection again Correct Answer Incorrect Answer
    B Board may order to enhance the quantum of penalty Correct Answer Incorrect Answer
    C Board may order to carry out due diligence Correct Answer Incorrect Answer
    D Both b and c Correct Answer Incorrect Answer
    E All a,b and c Correct Answer Incorrect Answer

    Solution

    Section 15-I(3) of SEBI - The Board may call for and examine the record of any proceedings under this section and if it considers that the order passed by the adjudicating officer is erroneous to the extent it is not in the interests of the securities market, it may, after making or causing to be made such inquiry as it deems necessary, pass an order enhancing the quantum of penalty , if the circumstances of the case so justify: Provided that no such order shall be passed unless the person concerned has been given an opportunity of being heard in the matter: Provided further that nothing contained in this sub-section shall be applicable after an expiry of a period of three months from the date of the order passed by the adjudicating officer or disposal of the appeal under section 15T, whichever is earlier Corresponding sections in SCRA and Depository Act are – 23-I(3) and 19H(3)

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